Essentials of Prosecution under PMLA, 2002 Explained by High Court

Essentials of Prosecution under PMLA, 2002 Explained by High Court

Law relating to PMLA, 2002 was explained in Manoj Kumar Babulal Punamiya v. State of Jharkhand [2025] GCtR 1919 (Jharkhand) and the petition filed by accused was dismissed. S.2(1)(u) of PMLA, 2002 indicates that in the explanation it has been referred that for removal of doubts, it is hereby clarified that "proceeds of crime" include property not only derived or obtained from the scheduled offence but also any property which may directly or indirectly be derived or obtained as a result of any criminal activity relatable to the scheduled offence.

In this case, accused in ECIR under PMLA, 2002 was not an accused in the FIR of scheduled offence and HC dismissed the petition of accused filed in respect of prosecution under PMLA, 2002.

Money Laundering and Nature of Offence under PMLA, 2002

Money Laundering and Nature of Offence under PMLA, 2002 

"Though the expression 'continuing offence' is not defined in the PMLA, 2002 whether a particular offence is a continuing one or not depends upon the nature of offence and purpose intended to be achieved. The concept of continuing offence is keeping the offence alive day by day without wiping the original guilt. Thus, there is an ingredient of continuance of the offence in continuing offence."

Advantage Strategic Consulting Pvt Ltd versus ED [2019] GCtR 6578 (Madras)